Judicial Arbitration and Mediation Services (JAMS): All You Need to Know

You look down at your new cable TV contract and notice that the last paragraph on the first page says “any disputes between the parties arising out of or relating to this Agreement shall be mediated by JAMS. If the parties are unable to resolve their dispute through mediation, the matter shall be submitted to …

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Advantages and Disadvantages of Being a Mediation Attorney

What do mediation attorneys do? Almost everyone has been a mediator. It’s true. If you have stepped into a dispute that had nothing to do with you and tried to help friends, family members, neighbors, or coworkers to resolve their differences, you have been a mediator. The custom of using a respected elder to help …

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Binding Mediation (Med-Arb): Affordable Dispute Resolution

Binding mediation combines elements of mediation and arbitration to help parties resolve disputes effectively and efficiently.  Binding mediation, often called mediation-arbitration or med-arb, is a process where the parties to a dispute agree to submit the dispute to mediation, but if an agreement cannot be reached, the mediator will then become an arbitrator and issue …

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Mediation Opening Statements Illustrated

Article Clarifications: 1. A guideline or checklist of topic points was developed to cover a typical start-to-finish opening statement scenario. Those topic bullet points are designated in bold print but are not meant to be spoken. 2. Italic text enclosed in parentheses explains the mediator’s objective. 3. Bold text enclosed in parentheses are technical tips …

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Conflict Resolution Jobs – ADR Career Path

Because conflict is a part of daily life, many people are starting to see the value in creating conflict resolution jobs to resolve the conflict that arises within the workplace and other situations.  The prevalence of alternative dispute resolution and other forms of conflict resolution has also encouraged the creation of conflict resolution degrees and …

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Types of Mediation: Evaluative, Facilitative, and Transformative

Understanding the types of mediation is a vital skill when preparing for and participating in mediation.  Knowing how the mediator is operating and what skills they are using is important for the parties and their counsel to work best with the mediator and still emphasize what is an important consideration for them.  It is also …

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Definition of Facilitator: Legal Terms Explained

“Facilitator” is a word used often in alternative dispute resolution discussions, but the definition of facilitator is rarely defined fully.  Facilitators usually lead the discussion and help move the dispute resolution process forward. Finding the right facilitator can resolve a dispute with the best possible results.  But what exactly is a facilitator? Are mediators and arbitrators …

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10 Best Mediation Books of All Time

Mediation is a topic with profound implications. Therefore, it is imperative to understand how the mediation process works and how it can benefit a person’s life. Two loved ones quarreling can be complicated, but even something as simple as two coworkers arguing can be challenging to deal with every day. Hence, learning how to use …

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